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My husband was sentenced in November 2012 with four A felonies, drug charges.

Edinburg, TX |

He was charged with possesion and deliver of meth. And also possesion and deliver of cociane. How much time of those five years will he be doing in jail?

Attorney Answers 4

Posted

There is not nearly enough information here to answer this. I assume you mean first degree felonies? Was there a deadly weapon finding? If so, he has to do at least half of his time before he is probation eligible. Even if not, when or if he is paroled is up to the parole board. No one can tell you when or if that will happen. I would say on four cases he will be in most of the five. They will also take his criminal history into consideration.

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Asker

Posted

He does not have any criminal record, and no he did not have any weapons with him.

Asker

Posted

How does the parole work?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

He will have a hearing in front of the parole board and they will determine whether to grant parole. He is entitled to have representation at that hearing, and attorneys do often make a difference. If and when he is granted parole, he will be assigned a parole officer to report to monthly. It doesn't have a ton of conditions like probation. Parole is more about just staying clean and staying out of trouble.

Asker

Posted

Do you think he will come out in less time?

Posted

Most likely less than a year, but it depends on other factors.

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Posted

What other factors?

Asker

Posted

What do you mean by other factors?

Carmine John Giardino

Carmine John Giardino

Posted

Like if he completes certain programs while in prison. So long as the charge is not a 3G offense and there was no affirmative finding that a deadly weapon was used, an offender can get out doing as little as 10% of the the sentence. 3G and deadly weapon cases must serve 1/2 of sentence.

Asker

Posted

Can you suggest any programs so I can let him know please. What is 3G offense?

Carmine John Giardino

Carmine John Giardino

Posted

For programs, that is something he has to discuss with the prison. For a list of 3G offenses, see Texas Code of Criminal Procedure 42.12 Sect. 3g

Posted

Can you please provide additional details regarding this? Are you talking about federal charges or state charges? Your question is flagged a a federal crime issue.

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Posted

Well this happened in North Dakota, at first it was state but then it became federal.

Jeremy Brian Gordon

Jeremy Brian Gordon

Posted

If your husband was sentenced to five years in federal prison, he will serve 87.2% of his time, earning 47 days of good conduct time for each year he was sentenced to.

Asker

Posted

Will he be able to come out on parole or half way house?

Posted

Really need more information to answer your question. No one can predict parole. Generally a quarter to a half.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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